Category: civil procedure rules

Costs, Actually: A Recap on Offers to Settle – Gatehouse Chambers

Posted April 26th, 2024 in chambers articles, civil procedure rules, costs, media, news, part 36 offers, privacy by sally

‘Hugh Grant has put civil costs on the public radar, in his latest thread on X (formerly Twitter) (via: @HackedOffHugh), concerning the settlement of his privacy claim against The Sun. In one out of a series of posts from the thread on April 17th 2024, Grant wrote, “I don’t want to accept this money or settle. I would love to see all the allegations that they deny tested in court,” and he goes on to write in a subsequent post in the thread: “But the rules around civil litigation mean that if I proceed to trial and the court awards me damages that are even a penny less than the settlement offer, I would have to pay the legal costs of both sides.”’

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Gatehouse Chambers, 23rd April 2024

Source: gatehouselaw.co.uk

Non-English speaking witnesses and wasted costs – 12 King’s Bench Walk Costs Litigation Blog

Posted April 26th, 2024 in chambers articles, civil procedure rules, costs, fraud, news, personal injuries, wasted costs orders, witnesses by sally

‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’

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12 King's Bench Walk Costs Litigation Blog, 19th April 2024

Source: costsandlitigationfunding.com

Representative actions under CPR 19.8: practical lessons to learn from Barclays Bank UK Plc v Terry – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, civil procedure rules, class actions, news by sally

‘The writers have the privilege of having been counsel for the Defendants in what is believed to have been a first case of its type in terms of the ‘bifurcated’ procedure used to dispose of a large number of related causes of action in a single representative claim.’

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Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

Acting Beyond Their Purview: Independent Experts in the Dock – an article by Janet Bignell KC – Falcon Chambers

Posted April 24th, 2024 in chambers articles, civil procedure rules, dilapidations, expert witnesses, landlord & tenant, news, repairs by sally

‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’

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Falcon Chambers, 15th April 2024

Source: www.falcon-chambers.com

Conditions on permission to appeal – Law Society’s Gazette

Posted April 22nd, 2024 in appeals, civil procedure rules, debts, foreign jurisdictions, news by sally

‘An order giving permission to appeal may be made subject to condition. In the recent case of Palladian Partners LP and others v The Republic of Argentina and another [2024] EWCA Civ 139, the Court of Appeal made an order granting Argentina permission to appeal the first instance judgment conditional on Argentina paying €310m to be held in escrow pending determination of the appeal. Argentina sought reconsideration of the imposition of that condition.’

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Law Society's Gazette, 19th April 2024

Source: www.lawgazette.co.uk

Group action against law firm to go ahead with single claim form – Legal Futures

Posted April 19th, 2024 in civil procedure rules, class actions, law firms, negligence, news by sally

‘The Court of Appeal has allowed 134 claimants to start an action against a law firm with a single claim form, which their solicitor said will strengthen the trend for class actions in the UK.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Clinical negligence fixed costs set for October implementation – Legal Futures

Posted April 19th, 2024 in civil procedure rules, costs, dispute resolution, government departments, hospitals, negligence, news by sally

‘Fixed recoverable costs for low-value clinical negligence claims are now likely to come into force in October 2024, it has emerged.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Settling cases and interested parties in judicial review – Local Government Lawyer

Posted April 8th, 2024 in civil procedure rules, judicial review, local government, news by tracey

‘A recent decision of Fordham J highlights some useful practice points about settling judicial review cases, writes Charlotte Tosti.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

APIL drops fixed costs judicial review after government “concessions” – Legal Futures

Posted March 27th, 2024 in civil procedure rules, consultations, costs, damages, judicial review, Ministry of Justice, news, personal injuries by sally

‘The Association of Personal Injury Lawyers (APIL) has withdrawn its judicial review against the government challenging aspects of last October’s extension of fixed recoverable costs (FRCs).’

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Legal Futures, 27th March 2024

Source: www.legalfutures.co.uk

Party escapes £27,000 costs bill in 14-year-old boundary dispute – Law Society’s Gazette

Posted March 25th, 2024 in appeals, boundaries, civil procedure rules, costs, damages, news, trespass by tracey

‘One of the parties in a 14-year-long boundary dispute has avoided having to pay £27,000 in costs for an appeal, because the order he was appealing against said nothing about costs.’

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Law Society’s Gazette, 25th March 2024

Source: www.lawgazette.co.uk

When is Relief Not Relief? – Pump Court Chambers

Posted March 8th, 2024 in appeals, chambers articles, civil procedure rules, damages, employment, health & safety, industrial injuries, news, personal injuries, sanctions by sally

‘Relief from Sanctions applications continue to take up a disproportionate amount of court time both in the lower Courts and on appeal. It is rare for a week to go by without some aspect of CPR 3.9 and Denton and others v TH White Ltd and another [2014] EWCA Civ 906 (Denton) being the subject of scrutiny. The all-pervasive nature of Denton has led to such applications being made when arguably it was unnecessary or erroneously applied.’

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Pump Court Chambers, 13th February 2024

Source: www.pumpcourtchambers.com

Avon calling again with the latest word … on compromises! – Pensions Barrister

Posted February 22nd, 2024 in amendments, civil procedure rules, compromise, news, pensions by sally

‘Paul Newman KC has written a casenote on the judge’s second judgment, delivered on 19 February, in the Avon case in relation to the compromise of the Courage issue that arose in that case.’

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Pensions Barrister, February 2024

Source: www.pensionsbarrister.com

High Court judge allows appellant in housing case to substitute council as respondent after naming wrong authority – Local Government Lawyer

Posted February 8th, 2024 in amendments, appeals, civil procedure rules, homelessness, housing, mistake, news, pleadings by sally

‘A woman has been allowed by the High Court to amend her statutory housing appeal application after she named the wrong council on the original.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Court discretion and dispute resolution clauses – Law Society’s Gazette

Posted February 5th, 2024 in civil procedure rules, courts, dispute resolution, jurisdiction, local government, news by sally

‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court.’

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Law Society's Gazette, 2nd February 2024

Source: www.lawgazette.co.uk

Court of Appeal sets out limits of relief from sanctions regime – Legal Futures

Posted January 29th, 2024 in appeals, civil procedure rules, expert witnesses, news, practice directions by sally

‘A failure to seek permission under the Civil Procedure Rules (CPR) does not automatically mean lawyers then need to apply for relief from sanctions, the Court of Appeal has ruled.’

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Legal Futures, 29th January 2024

Source: www.legalfutures.co.uk

New CPR rule for pensions rectification claims – Pensions Barrister

Posted January 25th, 2024 in civil procedure rules, news, pensions, rectification by sally

‘David E Grant KC, who is a member of the Pensions Litigation Court Users’ Committee, has written an article about the proposed change to PD57AC (trial witness statements in the business and property courts), which will exempt pensions rectification proceedings from the scope of the PD.’

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Pensions Barristers, 25th January 2024

Source: www.pensionsbarrister.com

Remote Evidence from Overseas – International & Travel Law Blog

Posted December 21st, 2023 in civil procedure rules, evidence, news, remote hearings, witnesses by sally

‘[T]his blog post by James Pickering is a reminder of the key principles for overseas witnesses giving remote evidence voluntarily. Other situations are governed by the Letters of Request procedure (which is helpfully outlined in the King’s Bench Division Guide 2023 at Section 20).’

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International & Travel Law Blog, 10th November 2023

Source: internationalandtravellawblog.com

A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

Posted December 1st, 2023 in appeals, civil procedure rules, dispute resolution, housing, local government, news, nuisance, stay of proceedings by tracey

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Fixed Recoverable Costs and Vulnerability – Gatehouse Chambers

Posted November 22nd, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘The changes extending fixed recoverable costs (FRC) to most civil litigation claims with a value of up to £100,000 are now here and were implemented on 1 October 2023. With this comes the new ‘intermediate track’ which lay between Fast Track and Multi Track cases valued at £100,000 and over. This article is not intended to tell you about the four complexity bands within the intermediate track or the grids of costs within PD45, or about the new standard directions for this track, but to say a few words about how the costs arising from vulnerability are to be dealt with.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Online Procedure Rule Committee set up as Lord Chancellor and senior judiciary set out vision for future of civil and family courts and tribunals system – Local Government Lawyer

Posted November 21st, 2023 in civil procedure rules, electronic filing, family courts, news by sally

‘The Lord Chancellor and senior judiciary have set out a “shared vision” for the future of the civil and family courts and tribunals system, including the establishment of an Online Procedure Rule Committee (OPRC).’

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Local Government Lawyer, 20th November 2023

Source: www.localgovernmentlawyer.co.uk